WSR 12-16-114

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-161 -- Filed August 1, 2012, 11:34 a.m. , effective August 1, 2012, 11:34 a.m. ]


Effective Date of Rule: Immediately.

Purpose: To amend WAC 232-28-619 for the Samish River from the mouth to Farm to Market Road, where bait or lure must be suspended below a float: A "float" or "bobber" is defined as a hookless, floating device that is attached to or slides along the mainline or leader above the hook(s) for the purpose of suspending hook(s) (which are part of the bait, lure or fly) off the bottom of the stream and visually signaling (from the surface of the water) a fish's strike at the hook(s).

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.047.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The department is in the process of adopting a permanent rule containing the definition in this emergency rule. This emergency rule is needed because the Samish River from the mouth to Farm to Market Road is home to a very popular hatchery chinook-targeted fishery. The media and public support clarification of the definition of "float" or "bobber" to deter snagging and other illegal, unsportsman-like methods of taking hatchery chinook in the Samish River. There is insufficient time to adopt the permanent rule for this fishery prior to the fishery's start in 2012.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 1, 2012.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900L   Washington food fish and game fish -- Freshwater exceptions to statewide rules -- Samish River (Skagit County).   Notwithstanding the provisions of WAC 232-28-619, effective immediately until further notice, in the Samish River, Whatcom County, from the mouth to Farm to Market Road, bait or lure must be suspended below a float. A "float" or "bobber" is defined as a hook-less, floating device that is attached to or slides along the mainline or leader above the hook(s) for the purpose of suspending hook(s) (which are part of the bait, lure or fly) off the bottom of the stream and visually signaling (from the surface of the water) a fish's strike at the hook(s).

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Washington State Code Reviser's Office